1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 HOWARTH & SMITH DON HOWARTH, (SBN 53783) [email protected]SUZELLE M. SMITH, (SBN 113992) [email protected]ZOE E. TREMAYNE, (SBN 310183) [email protected]523 West Sixth Street, Suite 728 Los Angeles, California 90014 Telephone: (213) 955-9400 Facsimile: (213) 622-0791 Attomeys for Plaintiff OLIVIA DE HAVILLAND, DBE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES — CENTRAL DISTRICT OLIVIA DE HAVILLAND, DBE, and individual, ) CASE NO. Be 6 6 7 O 1 1 ) Plaintiff, vs. FX NETWORKS, LLC, a California limited liability company; RYAN MURPHY PRODUCTIONS, a California company; and DOES 1 through 100, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Complaint Filed June 30, 2017] COMPLAINT FOR: 1) Infringement of Common Law Right of Publicity 2) Infringement of Cal. Civil Code Section 3334 Right of Publicity 3) Invasion of Privacy (False Light Publicity) 4) Unjust Enrichment JURY TRIAL DEMANDED CONFO OPY 0100 s"P Co ft".ty"crus An de," JUN 30 2017 Sherrl R, Certer, Exeoutive Qfficer/Clerk By: Chafil8 L GeltiMM, Deputy 28 COMPLAINT Deadline
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HOWARTH & SMITH DON HOWARTH, (SBN 53783) [email protected] SUZELLE M. SMITH, (SBN 113992) [email protected] ZOE E. TREMAYNE, (SBN 310183) [email protected] 523 West Sixth Street, Suite 728 Los Angeles, California 90014 Telephone: (213) 955-9400 Facsimile: (213) 622-0791
Attomeys for Plaintiff OLIVIA DE HAVILLAND, DBE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES — CENTRAL DISTRICT
OLIVIA DE HAVILLAND, DBE, and individual, ) CASE NO. Be 6 6 7 O 1 1 ) Plaintiff,
vs.
FX NETWORKS, LLC, a California limited liability company; RYAN MURPHY PRODUCTIONS, a California company; and DOES 1 through 100, inclusive,
Defendants.
) ) ) ) ) ) )
) ) ) ) ) ) ) ) ) )
[Complaint Filed June 30, 2017]
COMPLAINT FOR:
1) Infringement of Common Law Right of Publicity
2) Infringement of Cal. Civil Code Section 3334 Right of Publicity
3) Invasion of Privacy (False Light Publicity)
4) Unjust Enrichment
JURY TRIAL DEMANDED
CONFO OPY 0100 s"PCoft".ty"crus Ande,"
JUN 30 2017
Sherrl R, Certer, Exeoutive Qfficer/Clerk By: Chafil8 L GeltiMM, Deputy
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COMPLAINT
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Plaintiff, Olivia de Havilland, DBE, (hereinafter "PLAINTIFF" or "OLIVIA DE HAVILLAND")
alleges as follows:
THE PARTIES
1. OLIVIA DE HAVILLAND is now and was, at all relevant times, a United States
citizen domiciled in Paris, France.
2. OLIVIA DE HAVILLAND is informed and believes, and on that basis, alleges that
Defendants FX Networks, LLC ("FX") and Ryan Murphy Productions (together "FX
DEFENDANTS") are, and at all times mentioned herein were, limited liability companies and/or
corporations, maintaining principal places of business in Los Angeles, California.
3. The true names and capacities of defendants named as DOES 1 through 100,
inclusive, are presently unknown to OLIVIA DE HAVILLAND. OLIVIA DE HAVILLAND will
amend this complaint, setting forth the true names and capacities of these fictitious defendants when
they are ascertained. OLIVIA DE HAVILLAND is informed and believes, and on that basis alleges,
that each of the fictitious defendants has participated in the acts alleged in this complaint that have
been done by the named defendants.
4. OLIVIA DE HAVILLAND is informed and believes, and on that basis alleges, that
at all relevant times, each of the defendants, whether named or fictitious, was the agent or employee
of each of the other defendants, and in doing the things alleged to have been done in the complaint,
acted within the scope of such agency or employment, and/or ratified the acts of the other. To the
extent that said conduct was perpetrated by certain defendants, the named defendant or defendants
confirmed and ratified the same.
5. OLIVIA DE HAVILLAND is informed and believes, and on that basis alleges, that
at all times herein relevant, each defendant was the agent, principal, alter-ego, employee, and/or
partner of each other defendant in the acts and conduct alleged herein, and therefore incurred
liability to OLIVIA DE HAVILLAND for the acts and conduct alleged herein and/or for the acts and
omissions alleged below. OLIVIA DE HAVILLAND is further informed and believes, and on that
basis, alleges that each Defendant entered into a joint venture with the others to create, produce,
publish, and market, "Feud: Bette and Joan" and at all times herein relevant, all of the defendants
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were acting within the course and scope of their employment and/or said agency.
JURISDICTION AND VENUE
6. The Court has personal jurisdiction over FX DEFENDANTS, because each
Defendant is headquartered in and doing business in the State of California, County of Los Angeles.
7. The Court has subject matter jurisdiction over FX DEFENDANTS, because it is a
court of general jurisdiction and this matter is not of limited or exclusive jurisdiction.
8. Venue is proper in the County of Los Angeles because FX DEFENDANTS'
misconduct occurred in Los Angeles County, OLIVIA DE HAVILLAND was injured and damaged
by this misconduct, and FX DEFENDANTS are headquartered in and doing business in Los
Angeles County, pursuant to California Code of Civil Procedure § 395.5.
GENERAL ALLEGATIONS AND BACKGROUND
9. OLIVIA DE HAVILLAND is a living legend and unique role model for multiple
generations of actors and fans. She is a two-time Academy Award winner for Best Actress in a
Leading Role. Her iconic portrayal of Melanie Hamilton in "Gone with the Wind r eamed her the
first of many other Oscar nominations. See Exhibit A (BRITANNICA ONLINE ENCYCLOPEDIA, Olivia
de Havilland (Dec. 29, 2016), available at https://www.britannica.com/biography/Olivia-de-
Havilland). She will celebrate her 101st birthday on July 1, 2017.
10. On June 17, 2017, OLIVIA DE HAVILLAND was honored with a damehood (the
female equivalent of a knighthood) by the Queen of England in the most recent "birthday honors"
list. OLIVIA DE HAVILLAND lives in Paris, where she received the Legion of Honor award in
2010. She is a United States citizen and has a daughter who lives in Los Angeles. She made her
professional career almost entirely in Hollywood, California, and has lectured in California on the
arts for years. During and after World War II, she visited United States service personnel in military
installations and hospitals for a total "salary" of $0.50. Her life was at risk a number of times and
she was injured on one of these trips, but she refused to stop. See Exhibit B (Don Walter, Olivia de
Havilland Recalls Wartime Shows, Enjoys Making Similar Type Tours Now, STARS AND STRIPES
(July 12, 1958), available at https://www.stripes.com/olivia-de-havilland-recalls-wartime-shows-
enj oys-making-similar-type-tours-now-1.187691).
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11. In 2008, OLIVIA DE HAVILLAND was awarded the National Medal of Arts by then
President George W. Bush.
12. To say that OLIVIA DE HAVILLAND is beloved and respected by her peers would
be an understatement. For example, at the 75th Academy Awards, OLIVIA DE HAVILLAND
introduced the segment where 59 other former Best Acting winners were honored. The standing
ovation upon her entrance on stage lasted a full 4 minutes. OLIVIA DE HAVILLAND narrated a
film about Alzheimer's patients in 2009, "I Remember Better When I Paint," (French Connection
Films 2009). In 2016, OLIVIA DE HAVILLAND republished her autobiography, "Every
Frenchman Has One," (and it is not what you think).
13. A key reason for the public's deep respect for OLIVIA DE HAVILLAND is that, in
an 80-plus year career, she has steadfastly refused to engage in typical Hollywood gossip about the
relationships of other actors. Even in her own case, where the press reported unkind and critical
remarks allegedly made about her by her sister, actor Joan Fontaine, who also wrote an
autobiography painting an unflattering picture of OLIVIA DE HAVILLAND, she used remarkable
restraint. She went so far as to publically state that she "doesn't look back in anger [on any conflict
in their relationship], only affection" and stated, "I loved her so much as a child." William Stadiem,
Olivia de Havilland and the Most Notorious Sibling Rivalry in Hollywood, Vanity Fair (June 29,
Olivia de aviland recalls wartime s lows, enjoys makíng similar type tours now
By DON WALTER I Stars and Stripes I Published: July 12, 1958
OLIVIA DE HAVILLAND was radiant and lovely, like a movie queen ought to be.
"Conne on in," she said. "But you'll have to excuse the house — were raising the roof around here," The carpenters were busy and the interior decorator had just sent over a new chair for Miss de Havilland's bedroom and the delivery boys were struggling up the stairs with it.
She and her French husband, Paris magazine executive Pierre Galante, were literally "raising the roof." Their white stucco house in Paris 16th Arrondissennent was undergoing a complete transformation. Included in the remodeling was a project that heightened the top floor to make space for a playroom for their children.
This day Miss de Havilland had every right to be a bundle of nerves — upset house, a trip to the States to prepare for, plans for a personal appearance at the premiere of her new film in Atlanta. But she displayed the charm and smoothness for which she ls famous as she graciously and naturally received the reporter and photographer from The Stars and Stripes. lt was more as though she, in her role as Paris mother and housewife, were having neighbors in for a midmorning cup of coffee.
Although she now lives in Paris, Miss de Havilland is still very much a part of the movies. And she is still enjoying a vast popularity both in the U.S. and overseas, often in remote corners of the world. "I have received letters commenting on films that I'd even forgotten about," Miss de Havilland said as she thumbed through a recent batch of mail. There were letters from Madagascar, East Germany, Yugoslavia and the Far East.
The Oscar-winning actress, whose perfornnances in "The Snake Pit and "The Heiress" are regarded among the highlights in the history of the cinema, says she likes living in Paris. Business and social engagennents keep her occupied, but she has found time in her schedule to keep appointments with some of her favorite people — U.S. servicennen.
Appearing at U.S. military installations is one of the star's old loves. It was her patriotic contribution during World War II. She earned the reputation for being one of the most faithful and favorite celebrities visiting isolated islands and battlefronts in the Pacific during World War II. She risked life and limb in this effort. Once she rode out a crippled plane over the ocean. Another time she came down with virus pneumonia, spent days in an island hospital before doctors finally could diagnose her near-critical case.
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At her home in Paris in 1958, actress Olivia de Havilland models a jacket given to her when she was made an honorary member of the 11th Airborne Division. RED GRANDY/STARS AND STRIPES
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She calls herself a "50-cent-a-year" woman, because she is presently under contract with the Army's Special Services for personal appearances for the next two years in Germany, France, Italy or at whatever installation in Europe where she may be invited. She Is paid $1 for the contract.
Last year she was made a honorary member of the llth Airborne Div and now one of her prized possessions is the khaki jacket tailored to her measurements bearing the 11th's patch on one sleeve and the identification patch, "de Havilland" across the chest.
She has been to Berlin and to bases in Italy. Her sumnner schedule of tours is booked solid, as far as time and other commitments will allow. Counting her travel time, Miss de Havilland last year devoted nearly a month to visits with U.S. servicemen in Europe.
The $1 contract has helped Miss de Havilland to retain her American citizenship. She was born in Tokyo of British parents and was naturalized in the U.S. after she went to Hollywood. Now, married to a French citizen, it would be necessary for her to return to the U.S. periodically to retain citizenship. The law provides that if a naturalized citizen remains outside the U.S. for five years, citizenship is lost.
At present, it is expected that Congress will pass a bill waiving the existing law in Miss de Havilland's case. Rep. Francis E. Walter (D-Pa.) recently introduced such a bill. He did not know Miss de Havilland personally, he said, but he was acquainted with her visits to servicemen both during the war and at present. Meanwhile, Miss de Havilland. with a Government contract, can retain her citizenship without interruption of the life she likes best.
Her marriage to Pierre Galante came about in the same storybook manner as the rest of her fabulous life since leaving school at Our Lady's Convent at Belmont, Calif., in 1934; going to drama school and beginning a motion picture career in 1935.
She met the magazine executive on her first visit to France, in 1953. That year she had come to Paris with her young son, Benjamin, on her way to Cannes for the international film festival.
lt may have been by coincidence that Galante, a member of the festival committee, was at the airport when she arrived. lt also may have been by coincidence that he happened to join her manager and her at lunch one day in Paris. And, by coincidence again, he was at her table every day during banquets at the film festival.
Later Miss de Havilland left for Dallas for a summer theater engagement. Shortly after, there was a cable front Galante. He was coming to Texas.
By now. the actress was aware that the Frenchman's attentions had nothing to do with coincidence. So, to welcome him to Dallas, she decided to please hinn with something typically French — foie gras and champagne. The fourth day of this diet, though,
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caused the visitor to say, "l am deeply in love with you, but even though I am French there are two, things I really dont like — goose liver and champagne."
Miss de Havilland recalls she was more impressed, or perhaps stunned, at first at his gallantry in enduring the pate and champagne for four days than she was with his declaration of love. Shortly after they were married at Yvoy-le-Marron, near Orleans, France. lt was April 2, the same day Napoleon had married Marie.
Paris life is interesting, says Miss de Havilland. She didn't know much French on her first visit to France, but now she speaks it welt. Among the Galantes friends are numerous French film notables. They like to entertain at home and will do so again once the house is finished. Thanksgiving dinner is always a big occasion at the Galante home. Benjamin now is in school in Nornnandy. The Galantes have a daughter. Gisele, who will be 2 years old this month.
Her new picture, "The Proud Rebel," will be on service screens soon. lt to due for an early showing on the Champs-Elysses in Paris. Miss de Havilland attended the premiere ln Atlanta, where just 20 years before she had gone for the opening of "Gone With the Wind."
"I'm not sure whether they're going to like me in Atlanta this time," she said before leaving Paris. "Last time I was the shining example of Southern wonnanhood. This time it's also a Civil War film, but l'nn on the other side."